A deed and a khatian tell you what the seller’s papers say. They do not tell you what other people may have a claim on. Three hidden risks cause the most expensive surprises.
This guide is general information, not legal advice. Have your advocate review any finding before you pay.
Risk 1 — A mortgage or loan on the land
Land can be security for a loan in more than one way: by a registered mortgage, or by leaving the original title deeds with a lender. If the seller has a loan secured on the land, a sale without the lender’s written consent can fail, and you may end up owning land that a bank still has a claim on.
What to do: - Ask directly: is this land, or are its original deeds, with any bank or lender? Get the answer in writing. - Ask for the original deeds. A seller who cannot produce them needs a good explanation. - Search the registry for registered mortgages against the land. - If there is a loan, require the lender’s release or no-objection letter and arrange payment so the loan is cleared as part of the sale.
Red flags: original deeds “lost” or “with a relative”; a seller who is vague about loans; an unusually low price or hurry.
Risk 2 — A pending court or record-correction case
If a case about the land is already running, a sale while it is pending can leave you bound by the outcome. Cases that matter include title suits, partition suits, injunction orders and cases to correct a khatian or survey record.
What to do: - Search for cases involving the seller, earlier owners and the plot — not only the seller’s name. - Ask the seller for a written declaration that no case is pending, and treat a refusal as information. - Remember online search covers only what is indexed; older or offline records may not appear. A search result is evidence of what was found, not proof that nothing exists. - Ask the neighbours and local officials whether the land has ever been disputed.
Red flags: a boundary dispute, a family quarrel over the land, a recent correction of the khatian.
Risk 3 — A government or special claim
Some land cannot be freely sold, or has a claim attached. Examples include land that is vested (arpito), waqf land, khas land, land settled or leased by the government, and land that was in an acquisition or requisition case.
What to do: - Check the records for any sign the land was ever government-owned, settled or leased, and on what conditions. - For waqf land, remember the person managing it cannot simply sell; special permission is needed. - For land that was in an acquisition or requisition case, find out exactly how the case ended. A cancellation of an acquisition and the release of a requisition are different things, and each needs its own order. Ask for the order and any gazette. - Do not accept “it was released” without the paper.
Put the three together
A clean deed, khatian and mutation can all sit on top of a mortgage, a case and a government claim. That is why a proper check searches outside the seller’s papers: the registry, the courts, the land records and the government offices.
A short script for the seller
Ask these and note the answers: 1. Is the land or its original deeds with any lender? 2. Is any case pending or ever decided about this land or its owners? 3. Was the land ever government, waqf, vested, khas or leased land? 4. Was it ever in an acquisition or requisition case?
How BEST ABASHON helps
A Full Check covers mortgage and encumbrances, government and special interests and acquisition history, with the evidence of each search attached. Start a request.
